Quit Claim Deeds
A friend of mine gave me a Building Lot his wife and him purchased as "Joint Tenants" in Florida in 1983. They are still married under the law, however they have been living apart for the last 12 years: Him in Florida, Her in New Jersey.
I prepared a Quit Claim Deed for each of them granting the Building Lot to me, that they have signed in the presence of a Public Notary respectively in the states they are presently living.
I presently have a Buyer for the lot in question (NO Building or House is presently on that property- just a vacant lot) for the amount of $3,000.
I have contated 3 different Title Companies so far to do the closing and none of them is willing to issue a Tilte Insurance unless the Quit Claim Deed from his wife is re-issued again to mention her "Homestead/marital Status".
The problem is that she is presently somewhere in Europe and her husband has no idea of where she is or when she will be back in the States.
My QUESTION is what more can I do in order to sell that lot and not loose that Buyer or any other prospective buyer for that matter???
It seems to me that this is a bunch of $@#% since both of them have signed and notarized the Quit Claim Deed and all a Tiltle Company is going to insure it for, is the Selling Amount of $3,000.
Thanks,
Francine in Florida
Ask the Title Officer's Boss or anyone in their Legal Review Dept. about a 'Bond Around' policy.
This may help once they understand your position---it will cost you extrea for this type of policy(if the acct exec isn't familiar ogo over their head)!
Hope this helps!
Derrick Ali
[addsig]
Tips2U2,
Glad to meet you.
Quit Claim Deeds are not the preferred way to transfer title. QCD's only transfer an interest in the property and title companys in the majority of cases will not recognize them when issuing title insurance. QCD's are recognized in a divorce situation where one spouse signs off their interest in the property to the other. I realize that you have already done this so what's done is done. This is just some ideas for future deals for everyone.
Derrick's idea may work for you, certainly worth a try.
I believe the problem with your deal is what they call 'vesting' in other words, if you just put John Doe & Mary Doe on the deed, then it not not 'vested'. You will need to put 'John Doe and Mary Doe, Husband and Wife as Joint Tenants'. The best method to transfer property is with a Grant Bargain & Sale Deed, Warranty Deed, etc. or other State Specific device. you need to look at how the sellers took title to the property when they took ownership, or if there were any changes to the deed, this would be done with a title search or checking he County Records. Always remember States have various ways of recording deeds so check how your State wants them worded.
Welcome on board this board, I hope this situation works out for you, let us know the outcome.
John $Cash$ Locke
Thank you for your replies Derick and John. I have never heard of a "Bond Around" policy but I surely will give it a try
John, I have recorded their Quit Claim Deeds and the property is presently in my name. I've also went to the court house to look over any change in the land deed and there were none since the original recorded deed in 1983 and got a recorded copy of it. According to the clerk at the court house, all is fine: No liens on taxes or otherwise. She said that there is absolutely no problem whatsoever with the transfer of this deed. Still, it doesn't seem to make any difference with the Title Companies.... Do you have any other ideas of what I should do if the "Bond Around" policy doesn't work??
Thanks
Francine
Tips2U2,
You are not going to like what I say, but it is a sure fire way around the problem at least the way I am reading your post.
You will need to take 'Quiet Title' to the property through the court system. This is sometimes an expensive process, you can check with an Attorney to see what the cost will be, then determine if it is worth it. The paperwork is fairly simple, so you might want to check with a para-legal and file in proper person (meaning yourself, no Attorney involved). It does not seem you will have any objections to the process from the original sellers. This is the only reason I recommend doing it in proper person (pro se).
Do I need a disclaimer here, if so this is not legal advice, that should do it.
John $Cash$ Locke
Have you tried Adverse possession with the Notarized Document as your Armature in front of the Judge...they have the Officers Support in tandum and this is qualify enough to suport your case to be heard...in the event that you can not I would ask that a Mechanical lein be placed on them both for thier performance and wait till she tries to come back into the USA for leaving with hatred in her heart.
Shayshay
Thanks for your input..... Adverse possession would take about 15 years in Florida. I'm presently in the process of closing with the buyers without a title company and giving them a Warranty Deed.